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DEED OF TRUST THIS DEED OF TRUST is dated February 13, 2003, among Dana L Bernth and Julie A Bernth, Husband and Wife, whose address is 611 West 13th St, Grand Island, NE 68801; ( "Trustor "): United Nebraska Bank, whose address is Grand Island Office, PO Box 5018, Grand Island, NE 68802 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and United Nebraska Bank , whose address is 700 N. Webb, Grand Island, NE 68802 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of Lender as Beneficiary, all of Trustor 'a right, title, and Interest in and to the folNwing described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures: all easements, rights of way, and appurtenances; all water, water rights and ditch rights )including stock in utilities with ditch or irrigation rightel; and all other rights, royalties, and profits relating to the real property, Including without limitation all minerals, ail, gas, geothermal and slmuar mattare, (the "Real Property ") located in Hall County, State of Nebraska: Lot Three (3), Block Four (4), Schimmer's Addition to the City of Grand Island, Hall County, Nebraska The Real Property or its address is commonly known as 611 West 13th St, Grand Island. NE 68801. I ruslor presently assigns to Lender raise known as Beneficiary In this Deed of Trust) all of Trustor 'a right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition. Trustor grants to Lender a Uniform Commercial Code security Interest In the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY. IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND 161 PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS. AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided In this Deed of Trust, Truster shall pay to Lender all amounts secured by this Dead of Trust as they become due, and shall strictly and In a timely manner perform all of Trustor's obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; f21 use, operate or manage the Properly; and r31 collect the Rents from the Property. Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, replacements, and mJiOtencede necessary to preserve its value. Compliance With Environmental Laws. Truster represents and warrants to Lender that (i) During the period of Trustei s ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Harardnge Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe pot there has been, except as previously disclosed to and acknowledged by Lender in writing, At any breach or violation of any Environmental Laws, Ib) any user generation, m nufacturs, storage, LoutnenL disposal, release or threatened release of any hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Properly, or Ido any actual or threatened litigation or claims of any kind by any person relating to such matters; and 13) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and 16) any such activity shall he conducted in compliance with all applicable federal, state, and locale laws, regulations and urdln as. Including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such inspections and testa, at Any Truster inspections expense, as Lender may deem appropriate be to w Lender's a compliance es of the Propane with this sin, "re of the Deed of Trust. Any Inspections p tests made by Lender shall be for Lender's purposes only antl shall not be ... seruerf In "resod amp urn are based or lautli rust r' the part en e er e Truster or to any other person. Ha a r The representations and aeby (1 curtained heroin arc based on Tr lures due diligence In investigating r the Property for Hazardous Substances, eco Trustor hereby 11) releases and w any future claims against Lender fur indemnity or co harmless O In the event any a Trustor all cores liable for cleanup or other casts under any such )awe; and 121 agrees to indemnify and hold harmless Lentler against any and all claims, losses, liabilities, damages, f Traits, and expenses which Lender may directly or Indirectly sustain or suffer resulting from threatened breach of this cefion of the Deed of Trustor en a sequence t any use, generation, manufacture, nd as, disposal, release en known to release The provisions prior to f this se uwneof t or interest In Trust, Property, whether or not the same was or should have been known to Trustor. The provisions of this section of the Deed of Trust, lien of the obligation to indemnify, shall survive y L payment of the Indebtedness and the satisfaction and rby foreclosure of the lien is this Deed of Trust anrjshall)fiot be aLiecteFT by Lender's acquisition of any interest In the Property, whether by forcelosurc or otherwise. Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to any other party tire right to removo, any timber, minerals including oil and gash coal, clay, soona, sell, gravel or rock products without Lender's prior written consent. Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real. Property without Lender's prior wfillef. LOneent As a condition to the removal of any Improvements, Lender may require Truster to make arrangements satisfactory to Lender w replace such Improvements with Improvements of at least equal value. Lender 'a Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Trusor's compliance with the terms and conditions of Ihs Deed of Trust. n n m m to rn r~ N tDif r\ T io n d N f%l 200302086 N Qi 6 ,e xfLt WHEN RECORDED MAIL TO: United Nebraska Bank Grand Island Office PO Box 5018 Grand Island, NE 68802 FOR RECORDER'S USE ONLY DEED OF TRUST THIS DEED OF TRUST is dated February 13, 2003, among Dana L Bernth and Julie A Bernth, Husband and Wife, whose address is 611 West 13th St, Grand Island, NE 68801; ( "Trustor "): United Nebraska Bank, whose address is Grand Island Office, PO Box 5018, Grand Island, NE 68802 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and United Nebraska Bank , whose address is 700 N. Webb, Grand Island, NE 68802 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of Lender as Beneficiary, all of Trustor 'a right, title, and Interest in and to the folNwing described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures: all easements, rights of way, and appurtenances; all water, water rights and ditch rights )including stock in utilities with ditch or irrigation rightel; and all other rights, royalties, and profits relating to the real property, Including without limitation all minerals, ail, gas, geothermal and slmuar mattare, (the "Real Property ") located in Hall County, State of Nebraska: Lot Three (3), Block Four (4), Schimmer's Addition to the City of Grand Island, Hall County, Nebraska The Real Property or its address is commonly known as 611 West 13th St, Grand Island. NE 68801. I ruslor presently assigns to Lender raise known as Beneficiary In this Deed of Trust) all of Trustor 'a right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition. Trustor grants to Lender a Uniform Commercial Code security Interest In the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY. IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND 161 PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS. AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided In this Deed of Trust, Truster shall pay to Lender all amounts secured by this Dead of Trust as they become due, and shall strictly and In a timely manner perform all of Trustor's obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; f21 use, operate or manage the Properly; and r31 collect the Rents from the Property. Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, replacements, and mJiOtencede necessary to preserve its value. Compliance With Environmental Laws. Truster represents and warrants to Lender that (i) During the period of Trustei s ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Harardnge Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe pot there has been, except as previously disclosed to and acknowledged by Lender in writing, At any breach or violation of any Environmental Laws, Ib) any user generation, m nufacturs, storage, LoutnenL disposal, release or threatened release of any hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Properly, or Ido any actual or threatened litigation or claims of any kind by any person relating to such matters; and 13) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and 16) any such activity shall he conducted in compliance with all applicable federal, state, and locale laws, regulations and urdln as. Including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such inspections and testa, at Any Truster inspections expense, as Lender may deem appropriate be to w Lender's a compliance es of the Propane with this sin, "re of the Deed of Trust. Any Inspections p tests made by Lender shall be for Lender's purposes only antl shall not be ... seruerf In "resod amp urn are based or lautli rust r' the part en e er e Truster or to any other person. Ha a r The representations and aeby (1 curtained heroin arc based on Tr lures due diligence In investigating r the Property for Hazardous Substances, eco Trustor hereby 11) releases and w any future claims against Lender fur indemnity or co harmless O In the event any a Trustor all cores liable for cleanup or other casts under any such )awe; and 121 agrees to indemnify and hold harmless Lentler against any and all claims, losses, liabilities, damages, f Traits, and expenses which Lender may directly or Indirectly sustain or suffer resulting from threatened breach of this cefion of the Deed of Trustor en a sequence t any use, generation, manufacture, nd as, disposal, release en known to release The provisions prior to f this se uwneof t or interest In Trust, Property, whether or not the same was or should have been known to Trustor. The provisions of this section of the Deed of Trust, lien of the obligation to indemnify, shall survive y L payment of the Indebtedness and the satisfaction and rby foreclosure of the lien is this Deed of Trust anrjshall)fiot be aLiecteFT by Lender's acquisition of any interest In the Property, whether by forcelosurc or otherwise. Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to any other party tire right to removo, any timber, minerals including oil and gash coal, clay, soona, sell, gravel or rock products without Lender's prior written consent. Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real. Property without Lender's prior wfillef. LOneent As a condition to the removal of any Improvements, Lender may require Truster to make arrangements satisfactory to Lender w replace such Improvements with Improvements of at least equal value. Lender 'a Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Trusor's compliance with the terms and conditions of Ihs Deed of Trust.